The High Court dismissed a revisional application under Section 482 CrPC filed by Enamul Hoque and others against orders of the Sub-Divisional Executive Magistrate and the Additional District and Sessions Judge. The court found no illegality or irregularity in the impugned orders.
The revisional application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In re: An application under Section 482 of the Code of Criminal Procedure, 1973.
Mr. Binoy Kumar Panda, Mr. Pratick Bose
… For the State.
Mr. Binoy Kumar Panda, learned advocate, and Mr. Pratick Bose, learned advocate, who usually appear on behalf of the State, are present in Court. They are requested to appear on behalf of the State in this matter.
Their appointment may be regularized by the concerned authority.
Learned lawyer on behalf of the State appears and submits that this revisional application was filed on 20-052011 and on 22-06-2011, the petitioners were directed to serve notice upon the opposite parties and file Affidavit-ofService within five weeks from the date of passing of the order. It is needless to mention that no steps were taken by the petitioners since then, far to speak of filing Affidavit-ofService.
After careful perusal of the order passed by the learned Sub-Divisional Executive Magistrate, Chanchal, Malda in Case No.454 P of 2010 as well as the judgment of the learned Additional District and Sessions Judge, 2nd Court, Malda in Criminal Revision No.17 of 2011, I do not find any illegality or irregularity in the order of the learned Executive Magistrate which was affirmed by the Additional District and Sessions Judge, Malda. This being the position, I am not inclined to continue with the instant revisional
2
application any further. Thus, the revisional application is considered and dismissed.
Let a copy of this order be communicated to learned Sub-Divisional Executive Magistrate, Chanchal, Malda through the learned Registrar, Judicial Service, of this Court.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of all necessary formalities.
( Bibhas Ranjan De, J. )
1 issue framed by the court
Whether the dismissal of the revisional application under Section 482 CrPC due to lack of steps by petitioners to file affidavit of service is legally sustainable.
1 provisions across 1 enactments
Enamul Hoque & Ors.
State
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
